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Reasons a will could be contested

On Behalf of | Apr 28, 2022 | Uncategorized

When someone dies in Southern Indiana, the family is often called for a will reading. This is when the details of the will are given to the family so that they know how the person’s assets should be divided. However, there are a few reasons why this important document could be contested.

Incomplete

A common reason for contested wills is that the document is incomplete. In order for a will to be valid, it must be signed by the person who made it and by a set number of witnesses. If signatures are not on the document or if there’s missing information in the will, then it could be contested.

Mental capacity

When someone makes a will, they should be of sound mind so that they clearly understand the details that are put into the will. They should know who will receive money, personal belongings and property. The person should also clearly understand the legal details of the will after it’s signed. If the person didn’t have the proper mental capacity to sign the document or didn’t understand what they were leaving to family members or friends, then the will could be contested.

Influenced into signing

If someone feels that the person who signed the will was coerced into signing for one reason or another, then it’s possible to have the document contested. This is a common situation that occurs with elderly individuals who are trusting of other people and who feel that they are doing what’s best for their family. The person creating the will could be threatened by someone else as well, which would be grounds for contesting.

Although a will is a legal document, there are circumstances when family members or friends can contest the information that it contains. The contest must then go through a legal process to determine if the document’s stipulations will be upheld.